Section 17-1201
§ 17-1201 Application. This chapter shall apply to all pest control
activities on property owned or leased by the city, whether such
activities are performed by city employees, contractors or
subcontractors.
Section 17-1202
§ 17-1202 Definitions. For the purposes of this chapter only, the
following terms shall have the following meanings:
(1) "Anti-microbial pesticide" shall mean:
i. disinfectants intended to destroy or irreversibly inactivate
infectious or other undesirable bacteria, pathogenic fungi, or viruses
on surfaces or inanimate objects;
ii. sanitizers intended to reduce the number of living bacteria or
viable virus particles on inanimate surfaces, in water, or in air;
iii. bacteriostats intended to inhibit the growth of bacteria in the
presence of moisture;
iv. sterilizers intended to destroy viruses and all living bacteria,
fungi and their spores, on inanimate surfaces;
v. fungicides and fungistats intended to inhibit the growth of, or
destroy, fungi (including yeasts), pathogenic to humans or other animals
on inanimate surfaces; and
vi. commodity preservatives and protectants intended to inhibit the
growth of, or destroy bacteria in or on raw materials (such as adhesives
and plastics) used in manufacturing, or manufactured products (such as
fuel, textiles, lubricants, and paints), but not those utilized in the
pulp and paper process or cooling towers.
(2) "Biological pesticide" shall mean a pesticide which is a naturally
occurring substance that controls pests and microorganisms that control
pests.
(3) "City agency" shall mean a city, county, borough, administration,
department, division, bureau, board or commission, or a corporation,
institution or agency of government, the expenses of which are paid in
whole or in part from the city treasury.
(4) "Contractor" shall mean any person or entity that enters into a
contract with a city agency, or any person or entity that enters into an
agreement with such person or entity to perform work or provide labor or
services related to such contract.
(5) "Pest" shall mean:
i. any insect, rodent, fungus, or weed; or
ii. any other form of terrestrial or aquatic plant or animal life or
virus, bacteria or other microorganism (except viruses, bacteria or
other microorganisms on or in living man or other living animals) which
the commissioner of environmental conservation declares to be a pest.
(6) "Pesticide" shall mean:
i. any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest; or
ii. any substance or mixture of substances intended for use as a plant
regulator, defoliant, or desiccant.
Section 17-1203
§ 17-1203 Reduction of pesticide use. a. Effective six months after
the enactment of the local law that added this section, no city agency
or contractor shall apply to any property owned or leased by the city
any pesticide classified as Toxicity Category I by the United States
environmental protection agency as of April 1, 2005, provided that for
any pesticide classified as Toxicity Category I by the United States
environmental protection agency after April 1, 2005, no such agency or
contractor shall apply such pesticide after six months of its having
been so classified, except as provided for in sections 17-1205 or
17-1206 of this chapter.
b. Effective twelve months after the enactment of the local law that
added this section, no city agency or contractor shall apply to any
property owned or leased by the city any pesticide classified as a human
carcinogen, likely to be carcinogenic to humans, a known/likely
carcinogen, a probable human carcinogen, or a possible human carcinogen
by the office of pesticide programs of the United States environmental
protection agency as of April 1, 2005, except as provided for in
sections 17-1205 or 17-1206 of this chapter.
c. Effective eighteen months after enactment of the local law that
added this section, no city agency or contractor shall apply to any
property owned or leased by the city any pesticide classified by the
California office of environmental health hazard assessment as a
developmental toxin as of April 1, 2005, except as provided for in
sections 17-1205 or 17-1206 of this chapter.
d. On February 1, 2007, and every February 1 thereafter, the
department shall submit to the City Council a report listing changes
made to the list of pesticides classified as a human carcinogen, likely
to be carcinogenic to humans, a known/likely carcinogen, a probable
human carcinogen, or a possible human carcinogen by the office of
pesticide programs of the United States environmental protection agency
and the list of pesticides classified as developmental toxins by the
California office of environmental health hazard assessment after April
1, 2005. Such reports shall also include, for each pesticide added to
or removed from such classifications, whether and to what extent such
pesticide is used by city agencies or contractors in the city of New
York.
Section 17-1204
§ 17-1204 Interagency pest management committee. a. Effective three
months after enactment of the local law that added this section, an
interagency pest management committee shall be formed, which shall be
headed by the commissioner, or a designee, and which shall include the
commissioners of sanitation, environmental protection, citywide
administrative services and parks and recreation, the chair of the New
York city housing authority and the chancellor of education, or their
designees. Such committee shall share information related to the pest
control strategies and experience of city agencies and shall meet on a
semi-annual basis.
b. By January 1, 2007, the interagency pest management committee shall
develop a plan to further reduce pesticide use by city agencies,
including initiatives to implement integrated pest management, giving
preference to employing physical, mechanical, cultural, biological and
educational tactics to prevent conditions that promote pest
infestations, which shall be updated on an annual basis, as necessary.
The plan, and any updates of such plan, shall be submitted to the mayor
and the speaker of the council within thirty days of issuance.
Section 17-1205
§ 17-1205 Exemptions. a. The restrictions established pursuant to
section 17-1203 of this chapter shall not apply to the following:
(1) pesticides otherwise lawfully used for the purpose of maintaining
a safe drinking water supply at drinking water treatment plants,
wastewater treatment plants, reservoirs, and related collection,
distribution and treatment facilities;
(2) anti-microbial pesticides;
(3) pesticides applied to professional sports playing fields, golf
courses or used to maintain water quality in swimming pools;
(4) pesticides used for the purpose of maintaining heating,
ventilation and air conditioning systems, cooling towers and other
industrial cooling and heating systems;
(5) pesticides used for the purpose of rodent control in containerized
baits or placed directly into rodent burrows or placed in areas
inaccessible to children or pets;
(6) pesticides or classes of pesticides classified by the United
States environmental protection agency as not requiring regulation under
the federal insecticide, fungicide and rodenticide act, and therefore
exempt from such regulation when intended for use, and used only in the
manner specified;
(7) biological pesticides; and
(8) boric acid and disodium tetrahydrate, silica gels, diatomaceous
earth, and nonvolatile insect bait in tamper resistant containers.
Section 17-1206
§ 17-1206 Waiver. Any city agency, including the department, is
authorized to apply to the commissioner for a waiver of the restrictions
established pursuant to section 17-1203 of this chapter. Such
application shall be in a form and manner prescribed by the commissioner
and shall contain such information as the commissioner deems reasonable
and necessary to determine whether such waiver should be granted. In
determining whether to grant or deny a request for a waiver, the
commissioner shall consider whether the application of 17-1203 would be,
in the absence of the waiver, unreasonable with respect to (i) the
magnitude of the infestation, (ii) the threat to public health, (iii)
the availability of effective alternatives and (iv) the likelihood of
exposure of humans to the pesticide. Such waiver may be issued with
respect to one or multiple applications and may be granted for a term
deemed appropriate by the commissioner, provided, however, that such
term shall not exceed one year. Within thirty days of granting a waiver,
the department shall provide the pest management committee with a copy
of such waiver.
Section 17-1207
§ 17-1207 Notification. a. Any city agency or contractor applying
pesticides on property owned or leased by the city shall post a notice
at publicly accessible locations on such site at least twenty-four hours
prior to any such application, in a form and manner prescribed by the
commissioner, provided, however, that applications requiring immediate
action for public health reasons, such as severe rodent infestations,
where mosquito larvae are present, or where populations of infected
mosquitoes are present shall require that notice be placed concurrently
with such application. Such notice shall include, but not be limited to:
(1) Date of posting, proposed date of pesticide application and two
alternative dates to the proposed date of application when, due to
weather conditions, the pesticide application on the proposed date is
precluded;
(2) Address of pesticide application and, if known, specific sites to
which the pesticide is to be applied;
(3) Pest to be controlled and method of pesticide application;
(4) Common trade names of the pesticide, if applicable;
(5) United States environmental protection agency registration number
of the pesticide, the active ingredient(s) contained in the pesticide
and information on how to obtain further information about the products
applied, such as by calling the National Pesticides Telecommunications
Network at 1-800-858-7378 or the New York State Department of Health
Center for Environmental Health Info line at 1-800-458-1158; and
(6) Name and telephone number of the city agency or contractor
responsible for the application.
b. The city agency or contractor responsible for posting the notice
required pursuant to subdivision a of this section shall not remove such
notice for the longer of either three days subsequent to the last moment
of pesticide application or the number of days required on the pesticide
product label.
c. The notification requirements established pursuant to this section
shall not apply to pesticides listed in section 17-1205 of this chapter.
Section 17-1208
§ 17-1208 Recordkeeping and reporting. a. Each city agency that uses
pesticides shall keep records, for a minimum of three years or such
longer time period required by statute, regulation, or agency directive,
of each pesticide application by such agency, or by a contractor in the
fulfillment of a contract with such agency, which shall include, but not
be limited to:
(1) Date and location of the specific site of pesticide use;
(2) Pest to be controlled and the method of pesticide application;
(3) Name and quantity of the pesticide used, including common trade
names of such pesticide, if applicable;
(4) United States environmental protection agency registration number
of the pesticide and active ingredient(s) contained in the pesticide;
(5) Name and telephone number of the city agency or contractor
responsible for the application;
(6) Proof that notice required pursuant to section 17-1207 was
provided;
(7) Any waiver that was granted pursuant to section 17-1206 of this
chapter, if applicable.
b. Effective February 1, 2007, and every February first thereafter,
each city agency that is subject to the requirements of subdivision a of
this section shall submit a report to the commissioner, in a form and
manner prescribed by the commissioner, which shall contain the
information required to be maintained pursuant to that subdivision for
review and analysis. Effective May 1, 2008, and every May first
thereafter, the commissioner shall submit a report to the speaker of the
council that includes the information reported by each agency pursuant
to this subdivision and a summary of such information. Such summary
report shall include, but not be limited to, a summary, disaggregated by
agency, of the number of times each pesticide was used, the total amount
of each pesticide used and the Toxicity Category for each pesticide as
determined by the United States environmental protection agency.
c. The department of parks and recreation shall submit a report to the
speaker of the New York City Council on February 1, 2007, indicating the
pesticides used on city owned golf courses, the frequency of application
of such pesticides and any integrated pest management program for such
golf courses.
Section 17-1209
§ 17-1209 Enforcement. a. Every city contract to perform work or
provide labor or services related to property owned or leased by the
city shall contain the following provision: "To the extent that you
apply pesticides to any property owned or leased by the city, you, or
any subcontractor you hire, shall comply with chapter 12 of the
administrative code."
b. Upon receiving information that a contractor is in violation of
this chapter, the city agency holding the contract shall review such
information and offer the contractor an opportunity to respond. If such
city agency finds that a violation has occurred, it shall take such
action as may be appropriate and provided for by law, rule or contract,
including, but not limited to, imposing sanctions, seeking compliance,
recovering damages, and/or declaring the contractor in default.
Section 17-1210
§ 17-1210 Rules. The commissioner shall promulgate any rules as may be
necessary for the purposes of carrying out the provisions of this
chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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